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TERMS AND CONDITIONS
Welcome to Stockphotography-nature.com, the stock photo site specifically created for everything nature. Before using this website or downloading any Image or Content carefully read the following terms and conditions. Yes, this is the legal jargon that is usually skipped over, but just humor us. It's in your best interest.
By manifesting your intent to be bound by the following terms and conditions, you ("you" or "your") enter a legal agreement with Stockphotography-nature.com ("Stockpho.com," "we," "us," or "our"). If you do not agree to be bound by these terms and conditions, please discontinue use of this site.
OWNERSHIP RIGHTS
This website is owned and operated by Stockpho.com. All of the content shown or displayed on this website, including graphics, photographic images, moving images, sound, illustrations, and software ("Content") is owned by Stockpho.com, its licensors, or other content providers.
Stockpho.com owns or has rights to use or display all trade marks, service marks, trade names and logos appearing on this website. All elements of this website, including the general design, layout, source code and content, are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Stockpho.com, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of Stockpho.com or its licensors unless otherwise expressly agreed.
You indemnify Stockphotography-nature.com (Stockpho.com), and our licensors and content providers, against any losses, expenses, liabilities, costs or damages incurred by any or all of them as a result of your breach of the terms and conditions established by this agreement or by your unauthorized use of the content.
DISCLAIMER
This website and its content are provided "as is" and without any express or implied warranties of any kind, including implied warranties of title or implied warranties of merchantability, satisfactory quality or fitness for any particular purpose.
While Stockpho.com uses all reasonable efforts to ensure the accuracy, correctness and reliability of this website and its content, we do not represent that this website or its content will be error free or warrant the accuracy or suitability of the information provided on the website.
To the maximum extent permitted by law, all warranties in respect to the Images or Content or use of this website or linked websites are excluded. We exclude to the maximum extent permitted by law any liability which occurs or arises as a result of the Image or Content or use of this website or linked websites.
In no event shall Stockpho.com including its content providers, licensors, or any third parties mentioned on this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this website and/or its content, whether such damages are based on warranty, contract, tort, or any other legal theory, and whether or not Stockpho.com, its content providers, or licensors are advised of the possibility of such damages.
Return/Refund Policy
Due to the inability to control the copying of a downloaded digital file Stockphotography-Nature, Stockpho.com, cannot offer a refund or except returns on images that have been purchased and downloaded. Please look at the images you are interested in prior to purchase and downloading to make sure it/they will work for your needs. All sales and downloads are final. All fulfillment "shipping" will be via downloading of digital files from the Stockphotography-Nature, Stockpho.com, website. Stockpho Customer Service, 510 South University Ave. Provo, Ut 84601 801.370.1118
USE OF IMAGES "CONTENT"
The terms and conditions contained in the License Agreement for Images or Content and The Comping License are hereby expressly incorporated by reference. In order to use an Image or Content accessed from this website commercially, you must enter into a license agreement and pay the appropriate fee. Watermarked Images or Content may be used for internal "comps" and layouts only. Please read the full descriptions of The License Agreement for Content and The Comping License for full details.
ENTIRE AGREEMENT
These Terms and conditions contain the entire Agreement between You and Us with respect to their subject matter and supersede all prior agreements and understandings between You and Us in connection with them.
LICENSE AGREEMENT FOR IMAGES OR CONTENT
The following License Agreement for an Image or Content (Agreement) is between you (including your directors, employees, officers, contractors, agents, principals, or any related body corporate or affiliate) ("You," "Your") and Stockpho.com. Thoroughly read the Agreement below and indicate Your acceptance of these terms and conditions by clicking on the "I Accept" button at the end of the Agreement. In doing so You are agreeing to be bound by this Agreement as of the date on which you download any Image or Content (Content) displayed on the Stockpho.com website.
When you click on the "I Agree" button and use this service and any Image or Content, You are indicating that You are at least 18 years old, and agree to be bound by all terms of this Agreement. We suggest printing and keeping a copy of this Agreement for your records. At any time and without any prior notice, Stockpho.com may change the terms of this Agreement. You will be notified of any said changes by on-line postings at Stockpho.com's website. If You do not agree to be bound by the terms of this Agreement You should click on the "I Decline" button at the end of this Agreement. In that case, you are not permitted to download or license any Image and we'll miss your smiling face.
License:
Stockpho.com grants you a non-exclusive, revocable license to reproduce the Image, Images or Content solely for the purpose specified in the Invoice. The Image may not be used for a purpose other than the specified purpose without the prior written consent of Stockpho.com. You have no title, right or interest in any Image or Content contained in this site with the exception of the license granted in this Agreement. Unless agreed by Stockpho.com in writing, no Image or Content may be used for resale or in publications for resale. Unless agreed by Stockpho.com in writing, no changes or modifications may be made to any Image or Content with the exception of color correction, removal of minor imperfections and cropping. Stockpho.com reserves all rights not expressly granted in this Agreement. You must pay the fee for the specified purpose (License Fee), together with any applicable taxes, either at the time of downloading the Image, or in accordance with the payment terms specified in the Invoice.
Use of Images or Content:
For reason of potential illegality or legal liability, You agree to comply with all reasonable requests by Stockpho.com to withdraw any Image or Content from publication. You must inform Stockpho.com promptly of any claim of legal liability concerning the use of any Image or Content. You must not place the Image or Content online in a down loadable or format. You must not use a Image or Content in a manner that would breach any law of any country in which the Image or Content is to be published, including laws of defamation, obscenity, blasphemy and laws protecting rights of privacy and intellectual property. Don't fight the law. It'll win.
Images or Content used in Publications of Subscription and resale:
Any use of Images or Content for any medium or publication for resale is prohibited. If an Image or Content for such purpose is desired written permission from Stockpho.com is required prior to Image or Content placement and Image or Content must receive credit.
Credit of Images or Content:
For any use of an Image in any publication, You must include a credit, or procure a credit, next to each Image in the form specified in the Invoice. Before publication of an Image (or where impractical, as soon after publication as is reasonably possible), You must provide Stockpho.com with two copies of any publication or document in which an Image is included. If this is not feasible due to the nature of or the medium of publication, you must inform Stockpho.com of this. We like to see where our photo children end up and what they've done with their existence.
Electronic Storage of Images or Content:
Except for the purpose specified in the Invoice, an Image or Content must not be duplicated, scanned, or electronically retained. In addition, you may only use or retain a single copy of an Image or Content on a single computer. You may only download a high resolution Image or Content onto one computer hard drive or other computer medium and may not otherwise make, use, or distribute copies of the Image or Content for any purpose. You may not store the Image or Content on any image storage jukebox, network configuration, or similar computer network arrangement. Consider our Images or Content monogamous.
Condition of Transparencies:
If original transparencies of Images or Content are supplied to You by Stockpho.com, you will be responsible for any loss or damage to those transparencies. You agree to pay Stockpho.com USD $1,500 per transparency for loss or damage. Basically, you break it; you buy it.
Warranty:
Stockpho.com warrants that the copy of the Image downloaded by You will be free from defects in material and workmanship for 30 days. The sole and exclusive remedy for a breach of this warranty is the replacement of the Image or a refund of the License Fee, at Stockpho.com's option. Other than as stated in this Agreement, You acknowledge that the Image is supplied "as is" and that Stockpho.com has not made, and that no person acting on behalf of Stockpho.com has made, any other representation as to the Image's merchantability, or suitability for any particular purpose. To the maximum extent permitted by law, all terms and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage, or otherwise in relation to the license of the Image are expressly excluded. Mumbo jumbo aside, we're pretty confident you'll be satisfied with our Image or Content. It's our passion.
Licenses and Releases:
Unless specifically stated by Stockpho.com or in the Invoice, that Stockpho.com does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in an Image. You are responsible for ensuring that all necessary rights, consents, licenses or permissions that may be required are obtained prior to publication, reproduction or other use of an Image or Content. You indemnify Stockpho.com and hold it harmless against any liability, damage, cost or expense arising out of or in connection with any failure on Your part to obtain any necessary rights, consents, licenses or permissions. In other words, if your Uncle Clyde recognizes himself in the background of an image on a bad hair day, well, we're not responsible.
Copyright Infringement:
If You become aware of any activity of anyone that infringes or may infringe the copyright in any Image or Content, You must notify Stockpho.com. If there is infringement of copyright in any Image or Content, You agree to provide assistance to Stockpho.com as reasonably required by Stockpho.com, including being joined in any proceeding at Stockpho.com's expense. If Stockpho.com initiates or conducts legal proceedings at its own expense, Stockpho.com will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to You. Stockpho.com will be under no obligation to take any action in the event of copyright infringement. Copyright infringement = bad karma.
No Liability:
Stockpho.com will not be liable to You in any way for loss or damages of any kind, including (without limitation) any consequential, special, indirect or direct damages, loss of data, or loss of profits in any way connected with or arising out of this Agreement, including (without limitation) Stockpho.com's negligence, willful act or default, or any computer virus contained in an Image or Content. This limitation of liability applies even if Stockpho.com has been informed of the possibility of such damages, or the damages may reasonably be supposed to have been in the contemplation of Stockpho.com and You at the date of this Agreement as a probable result of any act or omission.
Termination:
You, as a registered user of Stockpho.com, may terminate the membership at any time. Stockpho.com will exercise its right to terminate memberships in event of breach by You of this Agreement. Stockpho.com will give you 30 days written notice (notice period) to rectify the breach. This Agreement will automatically terminate upon the expiry of the notice period if You have not rectified the breach. Upon termination or expiration of this Agreement for any reason (a) all rights granted to You will automatically revert to Stockpho.com; (b) You must immediately cease any use of the Content and must delete the Image or Content and/or return all copies in your possession to Stockpho.com; retaining any copies is not allowed and (c) You must immediately return any original transparencies provided to You to Stockpho.com. Nobody likes breaking up.
Retention of Image or Content:
Any Image or Content must be deleted from all electronic and removable media and any other copies of the Image or Content must be destroyed no more than 60 days from the date on which the Image or Content is downloaded, unless otherwise agreed by Stockpho.com. Until You delete or otherwise destroy all copies of the Image or Content, You must ensure that any identification number and copyright information included with the Image or Content is retained. Come on, give it up.
Assignment:
You may not assign, license or transfer any rights granted to You or any of Your obligations under this Agreement without the express written permission of Stockpho.com. Drop us a note and ask first.
Enforceability:
If any provision of this Agreement is held unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of this Agreement will remain in full force and effect.
Entire Agreement:
This Agreement contains the entire agreement between the parties relating to Your use of the Image or Content and supersedes any previous agreement concerning use of the Image or Content between the parties, including any oral agreement. Consider this agreement more binding that a good ol' handshake.
Governing Law:
This Agreement will be interpreted, construed, and governed by or in accordance with the law of the city of Provo, Utah. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction (both personal and subject matter) there, in connection with matters concerning this Agreement.
Dispute Resolution:
Any dispute arising under this Agreement must be referred to mediation Utah Law. If We and You cannot agree on a mediator, the mediation will take place in Provo, Utah and the mediator will be appointed by the law.
Despite the abovementioned, we have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against You in the event that, in our opinion, such action is necessary.
THE COMPING LICENSE
You may download a free low resolution, watermarked Image or Content solely for the purpose of using the Image or Content in creating comprehensive layouts, in-house presentations or mock-ups for client presentation purposes (Comping Image or Content). By downloading a Comping Image or Content, you agree to be bound by the following terms (Comping License) as at the date on which you download the Comping Image or Content. Stockpho.com reserves the right to change the terms of this Comping License at any time without notice. Try us out; you'll like us.
License:
Stockpho.com grants you a non-exclusive, non-assignable, non-transferable, revocable license to download a Comping Image or Content onto your computer hard drive and use the Comping Image or Content for the following limited applications: comprehensive layouts (Comps), in-house presentations, and mock-ups for client presentation purposes. You are not granted any rights to use the Comping Image or Content for any other purpose. Except for the rights granted in this Comping License, you have no right, title, or interest in the Comping Image or Content.
Use of Images or Content:
You must not place the Comping Image or Content online in a down loadable or format. You must not use a Comping Image or Content in a manner that would breach any law of any country in which the Comping Image or Content is to be published, including laws of defamation, obscenity, blasphemy and laws protecting rights of privacy and intellectual property.
Retention of Image or Content:
Any Image or Content must be deleted from all electronic and removable media and any other copies of the Image or Content must be destroyed no more than 60 days from the date on which the Image or Content is downloaded, unless otherwise agreed by Stockpho.com. Until You delete or otherwise destroy all copies of the Image or Content, You must ensure that any identification number and copyright information included with the Image or Content is retained. Come on, give it up.
Licenses and Releases:
Unless specifically stated by Stockpho.com. Stockpho.com does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in a Comping Image or Content. You are responsible for ensuring that all necessary rights, consents, licenses, or permissions that may be required are obtained prior to publication, reproduction or other use of a Comping Image or Content. You indemnify Stockpho.com and hold it harmless against any liability, damage, cost or expense arising out of or in connection with any failure on Your part to obtain any necessary rights, consents, licenses or permissions. In other words, if your Uncle Clyde recognizes himself in the background of an Image or Content on a bad hair day, well, we're not responsible.
Copyright Infringement:
If You become aware of any activity that infringes or may infringe the copyright in any Comping Image or Content, You must notify Stockpho.com immediately. If there is infringement of copyright in any Comping Image or Content, You agree to provide assistance to Stockpho.com as reasonably required by Stockpho.com, including being joined in any proceeding at Stockpho.com's expense. If Stockpho.com initiates and conducts legal proceedings at its own expense, Stockpho.com will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to You. Stockpho.com will be under no obligation to take any action in the event of infringement. Copyright infringement = bad karma.
Termination:
You, as a registered user of Stockpho.com, may terminate the membership at any time. Stockpho.com will exercise its right to terminate memberships in event of breach by You of this Agreement. Stockpho.com will give you 30 days written notice (notice period) to rectify the breach. This Agreement will automatically terminate upon the expiry of the notice period if You have not rectified the breach. Upon termination or expiration of this Agreement for any reason (a) all rights granted to You will automatically revert to Stockpho.com; (b) You must immediately cease any use of the Comping Image or Content and must delete the Comping Image or Content and/or return all copies to Stockpho.com no copies are allowed to be retained; and (c) You must immediately return any original transparencies provided to You to Stockpho.com. Nobody likes breaking up.
No Liability:
Stockpho.com will not be liable to You in any way for loss or damages of any kind, including (without limitation) any consequential, special, indirect or direct damages, loss of data, or loss of profits in any way connected with or arising out of this Comping License, including (without limitation) Stockpho.com's negligence, willful act or default, or any computer virus contained in a Comping Image or Content. This limitation of liability applies even if Stockpho.com has been informed of the possibility of such damages, or the damages may reasonably be supposed to have been in the contemplation of Stockpho.com and You at the date of this Comping License as a probable result of any act or omission.
Warranty:
Other than as stated in this Agreement, You acknowledge that the Comping Image or Content is supplied "as is" and that Stockpho.com has not made, and that no person acting on behalf of Stockpho.com has made, any other representation as to the Comping Image or Content's merchantability, or suitability for any particular purpose. To the maximum extent permitted by law, all terms and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage or otherwise in relation to the license of the Comping Image or Content are expressly excluded. Mumbo jumbo aside, we're pretty confident you'll be satisfied with our Image or Content. It's our passion.
Assignment:
You may not assign, license, or transfer any rights granted to You or any of Your obligations under this Comping License without the express written permission of Stockpho.com. Drop us a note and ask first.
Enforceability:
If any provision of this Agreement is held unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of this Agreement will remain in full force and effect.
Governing Law:
This Agreement will be interpreted, construed and governed by or in accordance with the law of the city of Provo, Utah. You submit to the non-exclusive jurisdiction (both personal and subject matter) of courts exercising jurisdiction there, in connection with matters concerning this Agreement.
Dispute Resolution:
Any dispute arising under this Agreement must be referred to mediation Utah Law. If We and You cannot agree on a mediator, the mediation will take place in Provo, Utah and the mediator will be appointed by the law.
Despite the abovementioned, we have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against You in the event that, in our opinion, such action is necessary.
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